The reorganisation of package travel by the Royal Decree-Law 23/2018, of 21 December

The national legislators have been unable to transpose, in time and in form, certain directives to our body of law, specifically focussing current work on the delayed and unusual incorporation of Directive 2015/2302 of the European Parliament and of the Council, of 25 November, concerning package travel and related travel services, through which Regulation no. 2006/2004 and Directive 2011/83/UE of the European Parliament and of the Council are modified and through which the previous Directive 90/314/CEE of the Council, of 13 June 1990 is abrogated, relating to package travel, package holidays and package tours. The specific transposition of the directives has been carried out via the questionable route of a recently validated Royal Decree-Law (RDL 23/2018, of 21 December) after various failed attempts and in consideration of the possibility of a fine being imposed by the European Commission prior to initiation of corresponding formal infringement proceedings. This study aims to carry out a critical analysis and to clarify of some of the new reform’s principal aspects relating to the change occurring in the sphere of package travel, particularly the integration of certain concepts such as related travel services, any possible exclusions – whether established or not in current regulations – and other relevant perspectives in view of the recognised body of law and its principal preceding groundwork.